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The Origins and Evolution of Islamic Law
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Details

  • 2 maps
  • Page extent: 250 pages
  • Size: 228 x 152 mm
  • Weight: 0.4 kg

Library of Congress

  • Dewey number: 340.5/9/09
  • Dewey version: 22
  • LC Classification: KBP55 .H35 2005
  • LC Subject headings:
    • Islamic law--History--To 1500

Library of Congress Record

Paperback

 (ISBN-13: 9780521005807 | ISBN-10: 0521005809)

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The Origins and Evolution of Islamic Law




Long before the rise of Islam in the early seventh century, Arabia had come to form an integral part of the Near East. This book, covering more than three centuries of legal history, presents an important account of how Islam developed its own law while drawing on ancient Near Eastern legal cultures, Arabian customary law and Quranic reform. The development of the judiciary, legal reasoning and legal authority during the first century is discussed in detail as is the dramatic rise of Prophetic authority, the crystallization of legal theory and the formation of the all-important legal schools. Finally, the book explores the interplay between law and politics, explaining how the jurists and the ruling elite led a symbiotic existence and mutual dependency that – seemingly paradoxically – allowed Islamic law and its application to be uniquely independent of the “state.”

Wael B. Hallaq is a James McGill Professor of Islamic Law, teaching at the Institute of Islamic Studies, McGill University. He is the author of Ibn Taymiyya Against the Greek Logicians (1993), A History of Islamic Legal Theories (1997) and Authority, Continuity and Change in Islamic Law (2001).






THEMES IN ISLAMIC LAW I


Series editor: Wael B. Hallaq

Themes in Islamic Law offers a series of state-of-the-art titles on the history of Islamic law, its application and its place in the modern world. The intention is to provide an analytic overview of the field with an emphasis on how law relates to the society in which it operates. Contributing authors, who all have distinguished reputations in their particular areas of scholarship, have been asked to interpret the complexities of the subject for those entering the field for the first time.






THE ORIGINS AND EVOLUTION OF ISLAMIC LAW

WAEL B. HALLAQ

McGill University






PUBLISHED BY THE PRESS SYNDICATE OF THE UNIVERSITY OF CAMBRIDGE
The Pitt Building, Trumpington Street, Cambridge CB2 1RP, United Kingdom

CAMBRIDGE UNIVERSITY PRESS
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© Cambridge University Press 2005


This book is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press.

First Published 2005

Printed in the United Kingdom at the University Press, Cambridge

Typeset in 11/12.5 pt Adobe Garamond [PND]

A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data

Hallaq, Wael B., 1955-
The origins and evolution of Islamic law / Wael B. Hallaq.
p. cm. - (Themes in Islamic law; 1)
Includes bibliographical references and index.
ISBN 0 521 80332 2 - ISBN 0 521 00580 9 (pb.)
1. Islamic law - History - To 1500. I. Title. II. Series.
KBP55.H35 2004
340.5′9′09 - dc22 2004049739

ISBN 0 521 80332 2 hardback
ISBN 0 521 00580 9 paperback






To Charry






Contents

Mapsix
Introduction1
1The pre-Islamic Near East, Muḥammad and Quranic law8
2The emergence of an Islamic legal ethic29
3The early judges, legal specialists and the search for religious authority57
4The judiciary coming of age79
5Prophetic authority and the modification of legal reasoning102
6Legal theory expounded122
7The formation of legal schools150
8Law and politics: caliphs, judges and jurists178
Conclusion194
Glossary of key terms207
Short biographies211
Bibliography217
Suggested further reading225
Index229





Maps

1Arabia ca. 622 AD
2Muslim lands in the third/ninth century

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